CRIJ 4345-Courtroom Testimony
Spring 2018 – Section 002 and 041 – LEC – Regular
Monday 5:00 p.m. to 7:45 p.m.
Faculty: J. D. Robertson, M.S., B.S., A.A.S.
Office: BUS 252
Phone: (512) 963-3603
Email:
Office Hours: By Appointment
Course Website:
Required Texts:
Feder, H., & Houck, M. (2008). Succeeding as an Expert Witness (4th ed.). Boca Raton: CRC Press.
Shelton, D. (2011). Forensic Science in Court. Lanham: Rowan & Littlefield Publishing Group, Inc.
Supplemental Reading Materials: Course relevant reading materials as posted on the Course Website:
Handouts: Course relevant material for class discussion, e.g., government reports, documents, news articles, case reviews and Power Point presentations.
Course Description:
This course is designed to acquaint the student with the art and mechanics of courtroom testimony. During this course of study, the curriculum is designed to expand the students understanding of forensic science and the presentation of forensic science in the courtroom. Subjects to be covered will include the history and development of forensic science evidence, the legal requirements on admissibility of forensic evidence and the challenges associated with presentation of forensic evidence in a courtroom setting. In addition, the curriculum is designed to expand the students understanding of expert testimony and the legal processes associated with qualifications of expert witnesses.
Student Learning Outcomes:
- The student will be able to demonstrate an understanding of the legal requirements for admissibility of forensic evidence, testing and test results.
- The student will be able to demonstrate an understanding of the role and responsibilities of the Judge, Jury, Attorney’s, Court and Expert Witnesses.
- The student will be able to demonstrate familiarity and understanding of the legal requirements placed on forensic evidence and expert witnesses by previous court rulings and the impact on testimony and evidence admissibility.
- The student will be able to demonstrate familiarity and understanding of the Federal Rules of Evidence and the corresponding Texas Rules of Evidence.
- The student will be able to explain the mechanics of courtroom testimony on direct examination, cross examination and the use of demonstrative evidence during testimony.
Student Conduct:
Class Participation: It is expected that you will be present for regularly scheduled class meetings. It is expected that you will read the assigned material prior to the scheduled class date as indicated in the course outline.
Class Decorum: It is expected that students will arrive on time for class and be seated at the scheduled start time. Cell phones should be turned to the silent mode so as not to disrupt the class. Students should refrain from texting, emailing, twitter, social media and surfing the web during class, as it is disruptive. If your conduct becomes disruptive to the point of notice by the instructor, you will receive a verbal warning. A second infraction results in a point deduction from your class participation grade. In the unlikely event of a third infraction, the student will be asked to leave class and will receive a zero for class participation.
Respect: Criminal Justice is made up of professionals. For example, judges, law enforcement officers, lawyers, counselors, probation and parole and many others. These professionals often disagree on a variety of issues philosophically, practically and theoretically. It is important that you learn to dialogue with colleagues on a professional level. For example, judges generally do not tolerate disrespectful behavior in court. The penalties for such can be severe; to include fine and/or jail time. It is important that you be respectful of the opinions of your classmates as well as that of your instructor. Open dialogue is encouraged, but personal attacks will not be tolerated. That especially includes among other things shouting someone down and not letting them speak when you don’t agree with them. It is expected that you show each other and your instructor respect during discussions.
Late Work: As a general rule, late work is not accepted. Assignments and due dates are posted well in advance allowing you time to plan accordingly. Make up exams are not offered. I do understand that emergencies such as illness and family emergencies do happen. If you provide advance notification and provide documentation of the emergency, it will be handled on a case by case basis.
Plagiarism: Many students do not fully understand plagiarism. Plagiarism is using someone else’s ideas, thoughts and words as your own without giving them proper credit. It is academic theft. In the Sociological and Behavioral Sciences, which includes Criminal Justice, we use APA (American Physiological Association) format. The below listed links will provide some additional assistance in writing and citing under the APA format. If you are still unsure about plagiarism, or you need additional assistance, you can contact the UT Tyler writing center at . More information on student academic conduct can be found on page 8 and 9of the syllabus.
How to Contact Me:
The preferred method of contact is the University email system. () I will generally answer emails within 24-48 hours. In an emergency you may contact me by the phone number listed at the beginning of the syllabus. If you desire a one on one meeting, please email me at least 24 hours in advance, and set up an appointment on Monday prior to class start time.
Course Outline:
This course will include class lectures and discussion on all relevant material related to each chapter contained in the required text books. Your progress and understanding of the material will be assessed with ten (10) quizzes of ten (10) questions each covering the assigned reading from the texts books as well as a final exam at the end of the semester. In addition, there will be five (5) court cases assigned for you to prepare briefs for turn in as a writing assignment. It is expected that you will read the material ahead of each class meeting and make a meaningful contribution to the class discussion.
Week One:(January 15th, 2018) Holiday
No Class, Classes begin January 16th, 2018
Forensic Science in Court
Read the Introduction, Chapter 1 and Chapter 2
Week Two: (January 22nd) Forensic Science in Court
Introduction withsyllabus review, review of expectations, course schedule and grading requirements. Discussion on Introduction, Chapter 1 and Chapter 2
Lecture on the Development of Forensic Science Evidence
Review: Frye v. United States, 293 F. 1013 (1923)
Week Three:(January 29th) Forensic Science in Court
Legal Research
Quiz-1
Discussion on “Junk Science”
The Purpose of Frye and the application to and admissibility of Scientific Evidence and Court Testimony. Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993)
Case Brief due on Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993)
Week Four:(February 5th) Forensic Science in Court
Quiz-2
Chapter 3-DNA: The New Gold Standard
Chapter4 & 5-The “Who” Question
Case Brief Due on Tommy Lee Andrews v. State of Florida, 533 So.2d 841 (1988)
Week Five:(February 12th)Forensic Science in Court
Quiz-3
Chapter 6-The “How” Question
Chapter 7-The “Whether” Question
Case Brief Due on People v. Jennings, 252 Ill. 534 (1911)
Week Six:(February 19th) Forensic Science in Court
Quiz-4
Chapter 8-Jurors and Forensic Science Evidence
The “CSI” Myth
Negative Evidence
The “Tech” Effect
Voir Dire, Argument, and Jury Instructions
Case Brief Due on Ege v. Yukins, 380 F.Supp.2d 852 (2005)
Week Seven:(February 26th) Forensic Science in Court
Quiz-5
Chapter 9-Conclusions: Where do we go from here?
Read Chapter 1 and Chapter 2: Succeeding as an Expert Witness
Week Eight:(March 5th) Succeeding as an Expert Witness
Begin Expert Testimony Section
Discussion and Overview on Expert Witnesses
Lecture on Methods, Testing and Science
Case Brief Due on State v. Davolt, 84 P.3d 456 (2004)
Week Nine:(March 12th) Spring Break Holiday
No Class
Read Chapter 3 and Chapter 4: Succeeding as an Expert Witness
Week Ten: (March 19th) Succeeding as an Expert Witness
Quiz-6
Lecture on the role and responsibilities:
The Judge, Attorney’s, Courts, Scientists, Experts
Lecture on Legal Context:
Discovery, Depositions, and Rules of Evidence in Civil and Criminal Cases
Read Chapter 5 and Chapter 6: Succeeding as an Expert Witness
Week Eleven:(March 26th) Succeeding as an Expert Witness
Quiz-7
Lecture on Testimony preparation, Court Demeanor and Communication
Lecture on Direct Examination of Witnesses
Read Chapter 7 and Chapter 8: Succeeding as an Expert Witness
Week Twelve: (April 2nd) Succeeding as an Expert Witness
Quiz-8
Lecture on The Visual Display of Information in Court
Quantitative Information, Graphs, Charts, Demonstrations and Comparisons
Lecture on Cross Examination of Witnesses
Read Chapter 9: Succeeding as an Expert Witness
Week Thirteen: (April 9th) Succeeding as an Expert Witness
Quiz-9
Lecture on Ethics
Exercise Assignment and Discussion
Week Fourteen:(April 16th) Succeeding as an Expert Witness
Quiz-10
Mock Court Exercise
Exercise in Direct Examination and Cross Examination of Witnesses
Week Fifteen: (April 23rd) Final Exam Preparation and Review
Mock Court Exercise
Exercise in Direct Examination and Cross Examination of Witnesses
Final Examination Review
Week Sixteen: (April 30th) Tentative pending University Exam Schedule
Final Exam
Writing Assignments:
The below listed court cases are assigned for you to review and prepare a written case brief. This paper should be no more than one (1) page in length. These briefs require an APA formatted cover page, maximum 12-point font, 1-inch margins, include and utilize proper APA (American Physiological Association) citation format for the body of the paper. A reference page is not required. The in-text citations differ slightly from standard APA writing. Instructions on briefing court cases with an example will be provided on the first day of class. In addition, these instructions will also be posted in course content on canvas. These assignments are due by the beginning of the class period so indicated in the Course outline section of the Syllabus.
Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993)
Tommy Lee Andrews v. State of Florida, 533 So.2d 841 (1988)
People v. Jennings, 252 Ill. 534 (1911)
Ege v. Yukins, 380 F.Supp.2d 852 (2005)
State v. Davolt, 84 P.3d 456 (2004)
Evaluation:
Grading Scale:
A= 900 Points or Above
B=899-800 Points
C=799-700 Points
D=699-600 Points
F=599 points or less
Five Court Case Briefs @ 100 points each-500 Points
10 Weekly Quizzes @ 10 points each-100 Points
Final Exam-400 Points
Total-1000 Points
Changes:
Any part of this syllabus can be changed at any time. Adequate notice of changes will be distributed in sufficient time to allow you to plan accordingly. It is important that you monitor announcements in Canvass as well as class announcements in order to stay current.
UNIVERSITY POLICIES AND ADDITIONAL INFORMATION
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Students repeating a course for grade forgiveness (grade replacement) must file a Grade Replacement Contract with the Enrollment Services Center (ADM 230) on or before the Census Date of the semester in which the course will be repeated. Grade Replacement Contracts are available in the Enrollment Services Center or at Each semester’s Census Date can be found on the Contract itself, on the Academic Calendar, or in the information pamphlets published each semester by the Office of the Registrar.
Failure to file a Grade Replacement Contract will result in both the original and repeated grade being used to calculate your overall grade point average. Undergraduates are eligible to exercise grade replacement for only three course repeats during their career at UT Tyler; graduates are eligible for two grade replacements. Full policy details are printed on each Grade Replacement Contract.
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- Submitting Grade Replacement Contracts, Transient Forms, requests to withhold directory information, approvals for taking courses as Audit, Pass/Fail or Credit/No Credit.
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State-Mandated Course Drop Policy
Texas law prohibits a student who began college for the first time in Fall 2007 or thereafter from dropping more than six courses during their entire undergraduate career. This includes courses dropped at another 2-year or 4-year Texas public college or university. For purposes of this rule, a dropped course is any course that is dropped after the census date (See Academic Calendar for the specific date).
Exceptions to the 6-drop rule may be found in the catalog. Petitions for exemptions must be submitted to the Enrollment Services Center and must be accompanied by documentation of the extenuating circumstance. Please contact the Enrollment Services Center if you have any questions.
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In accordance with Section 504 of the Rehabilitation Act, Americans with Disabilities Act (ADA) and the ADA Amendments Act (ADAAA) the University of Texas at Tyler offers accommodations to students with learning, physical and/or psychological disabilities. If you have a disability, including a non-visible diagnosis such as a learning disorder, chronic illness, TBI, PTSD, ADHD, or you have a history of modifications or accommodations in a previous educational environment, you are encouraged to visit and fill out the New Student application. The Student Accessibility and Resources (SAR) office will contact you when your application has been submitted and an appointment with Cynthia Lowery, Assistant Director of Student Services/ADA Coordinator. For more information, including filling out an application for services, please visit the SAR webpage at the SAR office located in the University Center, # 3150 or call 903.566.7079.
Student Absence due to Religious Observance
Students who anticipate being absent from class due to a religious observance are requested to inform the instructor of such absences by the second class meeting of the semester. Revised 05/17
Student Absence for University-Sponsored Events and Activities
If you intend to be absent for a university-sponsored event or activity, you (or the event sponsor) must notify the instructor at least two weeks prior to the date of the planned absence. At that time the instructor will set a date and time when make-up assignments will be completed.
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It is the policy of The University of Texas at Tyler to protect the confidential nature of social security numbers. The University has changed its computer programming so that all students have an identification number. The electronic transmission of grades (e.g., via e-mail) risks violation of the Family Educational Rights and Privacy Act; grades will not be transmitted electronically.
Emergency Exits and Evacuation
Everyone is required to exit the building when a fire alarm goes off. Follow your instructor’s directions regarding the appropriate exit. If you require assistance during an evacuation, inform your instructor in the first week of class. Do not re-enter the building unless given permission by University Police, Fire department, or Fire Prevention Services.
Student Standards of Academic Conduct
Disciplinary proceedings may be initiated against any student who engages in scholastic dishonesty, including, but not limited to, cheating, plagiarism, collusion, the submission for credit of any work or materials that are attributable in whole or in part to another person, taking an examination for another person, any act designed to give unfair advantage to a student or the attempt to commit such acts.
i. “Cheating” includes, but is not limited to:
- copying from another student’s test paper;
- using, during a test, materials not authorized by the person giving the test;
- failure to comply with instructions given by the person administering the test;
- possession during a test of materials which are not authorized by the person giving the test, such as class notes or specifically designed “crib notes”. The presence of textbooks constitutes a violation if they have been specifically prohibited by the person administering the test;
- using, buying, stealing, transporting, or soliciting in whole or part the contents of an unadministered test, test key, homework solution, or computer program;
- collaborating with or seeking aid from another student during a test or other assignment without authority;
- discussing the contents of an examination with another student who will take the examination;
- divulging the contents of an examination, for the purpose of preserving questions for use by another, when the instructors has designated that the examination is not to be removed from the examination room or not to be returned or to be kept by the student;
- substituting for another person, or permitting another person to substitute for oneself to take a course, a test, or any course-related assignment;
- paying or offering money or other valuable thing to, or coercing another person to obtain an unadministered test, test key, homework solution, or computer program or information about an unadministered test, test key, home solution or computer program;
- falsifying research data, laboratory reports, and/or other academic work offered for credit;
- taking, keeping, misplacing, or damaging the property of The University of Texas at Tyler, or of another, if the student knows or reasonably should know that an unfair academic advantage would be gained by such conduct; and
- misrepresenting facts, including providing false grades or resumes, for the purpose of obtaining an academic or financial benefit or injuring another student academically or financially.
ii. “Plagiarism” includes, but is not limited to, the appropriation, buying, receiving as a gift, or obtaining by any means another’s work and the submission of it as one’s own academic work offered for credit.